Variations in Cannabis Use Laws and Health Outcomes in the US States

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This essay provides a comparative analysis of cannabis use laws in the United States, focusing on the states of Nevada, New York, and Idaho. It begins by defining key terms such as legalization, decriminalization, and illegality, and then examines the specific laws in each state. Nevada, which has legalized both recreational and medicinal marijuana, is contrasted with New York, where marijuana is legal for medical purposes but decriminalized, and Idaho, where marijuana remains illegal. The essay explores the impact of these varying legal frameworks on public health outcomes, including opioid overdose rates and emergency department visits. It delves into ethical issues related to legalization, such as the potential for increased addiction and the economic benefits of the cannabis industry. The paper also discusses the components of state laws that affect health concerns and concludes by highlighting the importance of considering both the potential benefits and risks of cannabis legalization when formulating public health policies. The author references several studies to support the claims made in the essay.
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Running head: CANNABIS USE IN THE UNITED STATES
Cannabis Use in the United States
Marijuana is one of the controversial topics from the legal and ethical point of view in the
United States. While marijuana use remains illegal at the federal level, some states have
legalized the use of medicinal and recreational marijuana at the state level. Other states have only
partially legalized marijuana use for medicinal purposes. The variation in legalization of
marijuana is based on public attitude on acceptability and harmfulness of the drug when fully
legalized. It is for this purpose that this paper reviews the variations in legalization,
decriminalization, and illegality of marijuana use in the state of Nevada, the state of New York,
and the state of Idaho. The choice of these states for analysis is based on differences in legal
status of marijuana use.
Variations in Laws on Marijuana use and Health Outcomes
Before delving into the variations in legislations regarding marijuana use in the three
states, it is important that one understands the terms related to marijuana laws. Adams (2018)
defines decriminalization of marijuana as the reduction of criminal classification of marijuana
even when the federal law has already classified the substance as illegal. Chadi, Weitzman, and
Levy (2018) further explain that in states where marijuana is decriminalized, individuals that are
found with smaller possessions of marijuana cannot receive jail term sentences. This is different
from legalization of marijuana where the substance is considered fully legal at state level as
discussed in Barry, and Glantz (2016). In states where marijuana is considered illegal, people
found in possession of the substance receive criminal punishments.
The state of Nevada is among the states in the United States that have legalized the use of
recreational and medicinal marijuana. According to statistical data from the Medical Marijuana
Inc. (2019) and the Nevada Government (2019), the people of Nevada passed the legislation
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CANNABIS USE IN THE UNITED STATES 2
allowing the use of marijuana for recreation and medical purposes in people above the age of
twenty-one years. In 2017, the number of deaths resulting from opioid overdose in Nevada was
412, which translates to 13.3 deaths per 100,000 people (Medical Marijuana Inc., 2019). After
legalization of recreational marijuana, the number of deaths from traffic accidents dropped by
11% and the total sales generated from the sale of recreational marijuana was $200 million as
reported by the government of Nevada (2019). In 2016 and 2017 after legalization of Marijuana,
the state of Nevada reported an increase by 125% of people above the age of 25 years visiting
emergency departments for acute health complications linked to marijuana poisoning in people
that had not used the drug before.
In the state of New York, marijuana is legal for medical purposes but it is decriminalized.
Commercial selling or processing of marijuana is considered a criminal offence and attracts jail
sentences. The law states that people can possess up to two ounces of marijuana but no one is
allowed to trade it or cultivate it in the farm. According to FindLaw (2019), marijuana is
classified as a schedule one substance and its recreational value is limited. Statistical data from
Medical Marijuana Inc. (2019) shows that New York State had 3, 224 or 16.1 per 100,000 deaths
rising from opioid overdose. Deaths involving prescription opioids are recorded to have risen
from 899 in 2013 to 1524 deaths in 2017.The legalization of medicinal marijuana saw the total
sales generated from the sale of recreational marijuana rise $100 million as reported by the
government FindLaw (2019). The state of New York reported an increase by 125% of people
above the age of 25 years visiting emergency departments for acute health complications.
Compared to Nevada and the state of New York, the State of Idaho is intolerant on
policies regarding marijuana use. According to Nunley (2019), the law does not allow use of
marijuana even in people suffering from dilapidating health problems. In Idaho, possession or
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CANNABIS USE IN THE UNITED STATES 3
sale of marijuana above three ounces is considered felony and attracts a penalty of up to $30,000
or a jail term of ten years in prison. Possession of amount of marijuana less than three ounces
attracts one year in prison or a penalty of $1000 or both (Nunley, 2019). Federal law remains
superior in Idaho, and this explains the illegality of this substance in this state. According to
Medical Marijuana Inc. (2019), the rate of opioid overdose was 14.4 per 100,000 people in 2017.
Ethical Issues in Legalization of Marijuana
The variations in legislations and health outcomes in states where marijuana is
decriminalized or illegal attracts moral questions in proponents of legalization of marijuana. This
can be better understood when one compares the rate of deaths from opioid overdose in Nevada,
Idaho, and the State of New York. From the analysis above, it is evident that Nevada where
marijuana is legalized, had a rate of 13.3 deaths per 100000 people. In the state of New York
where recreational marijuana is decriminalized, the figure stood at 14.4 per 100.000 while the
State of Idaho where marijuana is considered illegal had a rate of 16.1 deaths per 100,000 from
opioid-related overdoses. This is evidence shows that legalization of marijuana in Nevada
translated to reduction of deaths associated with its use. In cases where marijuana is not legalized
like the State of Idaho, people can access the drug from black market and this can lead to high
addiction rates compared to cases where high quality drug is availed in the market.
The cannabis industry is considered a profitable industry for the economy of the United
States. According to Sullivan and Austriaco (2016), proponents of legalization argue that the
industry will create employment opportunities for thousands of people. Additionally, medicinal
cannabis that has been linked to curing chronic diseases and will help save thousands of lives as
discussed in Hartig and Geiger (2018), where six people in every ten Americans recommend the
legalization of Marijuana. A study conducted by Pacula and Smart (2017) explained that the
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CANNABIS USE IN THE UNITED STATES 4
medicinal value of marijuana has helped in improving the quality of life in people with chronic
diseases. As a result, it is morally acceptable to legalize recreational and medicinal marijuana
because of its health benefits instead of criminalization of its use. Criminalization of marijuana
forces people to seek low-quality marijuana which increases deaths from its abuse.
Components of State Laws that Affect Health Concerns
The primary component of legalization of marijuana is because of its medicinal value and
recreational benefits. According to FindLaw (2019), 55% of people of Nevada voted in favor of
the law supporting legalization of marijuana because they believed in its value. On the other
hand, the State of New York has only legalized recreational marijuana with the goal of reducing
crime rates associated with the use of this drug. Medicinal cannabis has not been legalized due to
fear of addiction. In the State of Idaho, the concern on high cases of addiction has made it
impossible to legalize cannabis at the state level. According to Barry and Glantz (2016),
proponents of the criminalization of marijuana believe that serious sentences will make people
afraid of breaking the law.
The variation in legislations regarding the use of cannabis both for medicinal and
recreation purposes has had a significant impact on people. In states where the drug is illegal,
people tend to use illegal means to access the drug and this explains high addiction rates and
deaths linked to opioid abuse. States like Nevada where the drug is fully legalized have recorded
the least number of deaths from opioid overdose. Criminalization of medicinal marijuana is
unethical because patients can die of diseases that can be managed through the use of medicinal
marijuana. While it has been argued that marijuana causes addiction problems, it is important
that the government provides full information regarding the value of medicinal marijuana to
prevent people from developing negative attitude towards it.
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CANNABIS USE IN THE UNITED STATES 5
References
Adams, A., S. (2018). The impact of legalization of marijuana on K-12. CSBA Governance Brief.
Retrieved from
https://www.csba.org/-/media/CSBA/Files/GovernanceResources/GovernanceBriefs/
201811MarijuanaImpact-TheBrain.ashx?
la=en&rev=419e95b4dc064075a7e14e36ad67b5fc
Barry, A., R. & Glantz, S. (2016). A public health framework for legalized retail marijuana based
on the US experience: avoiding a new tobacco industry. PLOs Medicine. Retrieved from
https://journals.plos.org/plosmedicine/article?id=10.1371/journal.pmed.1002131
Chadi, N., Weitzman, E., R., & Levy, S. (2018). Understanding the impact of national and state
medical marijuana policies on adolescents.
FindLaw (2019). New York State marijuana laws. Retrieved from
https://statelaws.findlaw.com/new-york-law/new-york-marijuana-laws.html
Hartig, H. & Geiger, A., W. (2018). About six-in-ten Americans support marijuana legalization.
Pew Research Center. Retrieved from
https://www.pewresearch.org/fact-tank/2018/10/08/americans-support-marijuana-
legalization/
Medical Marijuana Inc. (2019). Where is marijuana legal? Retrieved from
https://www.medicalmarijuanainc.com/where-is-marijuana-legal/
Nevada Government (2019). Marijuana in Nevada. Retrieved from
http://marijuana.nv.gov/Legal/Legal_Use/#content
Nunley, K. (2019). Idaho marijuana laws. Medical Marijuana Inc. Retrieved from
https://www.medicalmarijuanainc.com/idaho-marijuana-laws/
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CANNABIS USE IN THE UNITED STATES 6
Pacula, R. L., & Smart, R. (2017). Medical marijuana and marijuana legalization. Annual Review
of Clinical Psychology, 13, 397–419. Retrieved from
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6358421/
Sullivan, E., & Austriaco, N. (2016). A virtue analysis of recreational marijuana use. The
Linacre Quarterly, 83(2), 158–173. Retrieved from
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5102207/
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